Complaint #201508473,
October 3, 2015

Summary

On October 3, 2015, Sgt. William Brautigarn, the Field Intelligence Officer of the 33rd Precinct as well as PO Carlos Nieves and PO Michael McDonnell, anti-crime team members from the 33rd Precinct, were informed separately by unknown officers at the station house that a civilian had called the precinct to report that there was a man wearing all red, who was showing his friends a gun in his possession, in the vicinity of West 175th Street and Audubon Avenue. Sgt. Brautigarn, who did not work with PO Nieves and PO McDonnell, went to the scene in the same vehicle with them. When the officers reached the intersection of West 177th Street and Audubon Avenue, they observed a group of men like the one described by the caller. The group split, and the one with the man in red travelled in a different direction. [redacted] who was in the other group, reported that he was walking alone, and just happened to be walking near a group of four to six men. The officers exited their vehicle. PO McDonnell stopped and frisked [redacted] (Allegations A and D). PO Nieves simultaneously stopped and frisked another individual, who was not identified by the investigation (Allegations B and E). Sgt. Brautigarn also allegedly stopped and frisked an additional unidentified individual (Allegations C and F). After he was frisked, [redacted] remained on the scene, and began to record the officers using his cell phone camera. While recording PO Nieves, [redacted] repeatedly asked him for his name, but PO Nieves did not provide this information (Allegation G). PO Nieves told [redacted] that he was free to leave. The officers entered their vehicle to depart from the scene. [redacted] then left the scene. Read report for details.